Terms of Use

Terms of Use

Last Modified: September 20, 2012

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING
THIS WEBSITE AS THEY CONTAIN IMPORTANT INFORMATION.

If you have any questions about these Website Terms of Use, please contact us at
feedback@clearrisk.com.

The following are terms of a legal agreement between you and ClearRisk Inc. (“ClearRisk”)
By accessing, browsing and/or using any of the websites operated by ClearkRisk ("Site"), you
acknowledge that you have read, understood, and agree, to be bound by these terms and to
comply with all applicable laws and regulations. If you do not agree to these terms, do not
use this Site. The material provided on this Site is protected by law, including, but not limited
to, Canadian Copyright Law and international treaties. This Site is controlled and operated by
ClearRisk from its offices within Canada. ClearkRisk makes no representation that materials
in the Site are appropriate or available for use in other locations, and access to them from
jurisdictions where their contents are illegal is prohibited. Those who choose to access this
Site from other locations do so on their own initiative and are responsible for compliance with
applicable local laws.

Any claim relating to, and the use of, this Site and the materials contained herein is governed by
the laws of the province of Newfoundland and Labrador, Canada.

1. Terms

(1) By accessing any of the websites operated by ClearRisk, including this website, you are
agreeing to be bound by these Website Terms of Use, all applicable laws and regulations, and
agree that these terms constitute a binding contract between you and ClearRisk. You are further
agreeing that you are responsible for compliance with any applicable local laws. Any claim
relating to ClearRisk ’s Site shall be governed by the laws of the Province of Newfoundland
and Labrador, without regard to its conflict of law provisions. The materials contained on
ClearRisk’s Site are protected by applicable copyright and trademark laws.

(2) These Website Terms of Use constitute the entire and only agreement between you and
ClearRisk regarding the use of the Site, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site, the content, goods and
services provided by or through the Site, and the subject-matter of this agreement. The failure
of ClearRisk to exercise or enforce any right or provision of these Website Terms of Use shall
not constitute a waiver of such right or provision in that or any other instance. If any provision
of this agreement is held invalid, the remainder of this agreement shall continue in full force and
effect. If any provision of these Website Terms of Use shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable from these Website Terms
of Use and shall not affect the validity and enforceability of any remaining provisions.

2. Use License

(1) Permission is granted to view and download the materials on ClearRisk’s Site. This is the
grant of a licence, not a transfer of title, and under this licence you may not:

(a) publicly display the materials for financial gain;
(b) resell the materials
(c) attempt to decompile or reverse engineer any software contained on ClearRisk’s Site;
(d) remove any copyright or other proprietary notations from the materials; and
(e) transfer the materials to another person or “mirror” the materials on any other server.

This licence shall automatically terminate if you violate any of these restrictions and may be
terminated by ClearRisk at any time. On terminating your viewing of these materials or on the
termination of this licence, you must destroy any downloaded materials in your possession
whether in electronic or printed format.

Use Restrictions

The copyright in all material provided on this Site is held by Dell or by the original creator of the material. Except as
stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of Dell or the copyright owner. Permission is granted to
display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you
do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must
immediately destroy any downloaded and printed materials. You also may not, without Dell's permission, "mirror"
any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site
may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and
statutes.

3. Disclaimer

THE MATERIALS AND INFORMATION YOU FIND ON ClearRisk’s SITE ARE
PROVIDED “AS IS”, WITHOUT WARRANTY WHATSOEVER, INCLUDING WITHOUT
LIMITATION, ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS
PROVIDED THROUGH OR IN CONNECTION WITH THE ClearRisk SITE, AND ANY
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, ClearRisk
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE
ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS
ON ITS SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY
WEBSITES LINKED TO THIS SITE.

THE INFORMATION CONTAINED ON THIS SITE IS FOR GENERAL INFORMATION
PURPOSES ONLY. ClearRisk MAKES NO REPRESENTATIONS OR WARRANTIES
WHATSOEVER OF THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY
OR AVAILABILITY OF THE SITE OR THE INFORMATION, PRODUCTS, SERVICES,
OR RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. ANY
RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT
YOUR OWN RISK.

4. Limitations

In no event shall ClearRisk or its suppliers be liable for any loss or damage (including, without
limitation, negligence, indirect or consequential loss or damage, damages for loss of data or
profit, or due to business interruption) arising out of, or in connection with, the use or inability
to use the Site or use of the materials on ClearRisk’s Site, even if ClearRisk or an authorized

representative has been notified orally or in writing of the possibility of such loss or damage.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of
liability for consequential or incidental damages, these limitations may not apply to you.

5. Indemnification

You agree to indemnify, defend and hold ClearRisk and its subsidiaries and affiliates, and each
of their directors, officers, agents, contractors, partners and employees, harmless from and
against any loss, liability, claim, demand, damages, costs and expenses, including reasonable
attorney's fees, arising out of or in connection with your use of the Site, your conduct in
connection with your use of the Site or with other users of the Site, or any violation of these
Website Terms of Use or of any law or the rights of any third party.

6. Revisions and Errata

The materials appearing on ClearRisk’s Site could include technical, typographical or
photographic errors. ClearRisk does not warrant that any of the materials on its Site are accurate,
complete or current. ClearRisk may make changes to the materials contained on its Site at
any time without notice. ClearRisk does not, however, make any commitment to update the
materials.

7. Links

ClearRisk has not reviewed all of the websites linked to its Site and is not responsible for
the contents or availability of any such linked site. The inclusion of any link does not imply
endorsement by ClearRisk of the linked website. Use of any such linked website is at the user’s
own risk.

8. Submissions

(1) Any notes, message/billboard postings, videos, tools, ideas, suggestions, concepts or other
material submitted are collectively referred to as “User Submissions”. User Submissions will
become the property of ClearRisk and ClearRisk shall be entitled to use the material for any type
of use forever including in any media whether not known or hereafter devised [unless specified
otherwise in a contractual agreement between ClearRisk and the user]. When you submit
material to ClearRisk’s Site, you agree that ClearRisk has the right to publish the material for
any type of use as outlined above including promotional and advertising purposes.

(2) ClearRisk is not responsible for any material posted on our Site. You shall not submit or
otherwise publish through such Site any content which:

(a) libels, defames, invades privacy, or is obscene, pornographic, abusive or threatening;
(b) infringes any intellectual property or other right of any entity or person, including, but not
limited to violating anyone’s copyrights, trademarks, trade secret or otherwise subject to third
party proprietary rights, including privacy and publicity rights, unless you are the owner of such
rights or have permission from their rightful owner to post the material and to grant ClearRisk
all of the license rights granted herein;
(c) violates any law;
(d) advocates illegal activity; or
(e) advertises or otherwise solicits funds or is a solicitation for goods or services.

(3) You shall be solely responsible for your own User Submissions and the consequences of
posting or publishing them. In connection with User Submissions, you affirm, represent, and/
or warrant that: you own or have the necessary licenses, rights, consents, and permissions
to use and authorize ClearRisk to use all patent, trademark, trade secret, copyright or other
proprietary rights in and to any and all User Submissions to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these Terms of Use.

(4) ClearRisk does not permit copyright infringing activities and infringement of intellectual
property rights on its Site, and ClearRisk will remove all Content and User Submissions if
properly notified that such Content or User Submission infringes on another's intellectual
property rights. ClearRisk reserves the right to remove Content and User Submissions without
prior notice.

(5)You agree to indemnify ClearRisk and its subsidiaries and affiliates, and each of their
directors, officers, agents, contractors, partners and employees from and against any and all third
party claims, demands, liabilities, costs of expenses, including reasonable lawyer’s fees, resulting
from your breach of any of the foregoing agreements, representations and warranties.

9. Privacy

You hereby acknowledge that ClearRisk’s Website Privacy and Security Policy forms an integral
part of these Terms of Use, and you hereby accept the terms and conditions set forth therein.
ClearRisk may modify the Website Privacy and Security Policy at any time by posting on its
Site. The continued use by you of the Site following notice of any such modifications that
may be posted on the Site or notified to you by any other means will be deemed conclusive
acceptance of the revised terms of this contract. If any such revision is unacceptable to you, you
must terminate your use of the Site immediately.

10. Website Terms of Use Modifications

ClearRisk may at any time revise these Terms of Use by updating this posting. By using this
Site, you agree to be bound by any such revisions and should therefore periodically visit this
page to determine the then current Terms of Use to which you are bound.

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